SCOTT A. BAYLEY

Mr. Bayley, a Managing Director, is the founder of Accumyn and serves as its President. He has served public and private businesses, governmental entities, and law firms with auditing, accounting, financial, and economic consulting services for over thirty years. A primary focus of his practice is analysis of financial damages and economic claims, valuation analysis, fraud and forensic accounting examinations, preparation of expert reports and expert testimony regarding accounting disputes, claims of financial and economic loss, and valuation opinions. His…

LOST PROFITS & ECONOMIC DAMAGE CLAIMS

LOST PROFITS AND ECONOMIC DAMAGE CLAIMS In commercial litigation, economic damage awards are meant to restore the plaintiff to the financial position the plaintiff would have been in, “but for” the defendant’s alleged harmful acts. Financial experts are often asked to quantify the economic damages that may have been suffered by the plaintiff or to defend against such claimed damages in matters ranging from contract disputes to intellectual property infringement claims, construction delay, and product liability.

LUIGI CALABRESE

Mr. Calabrese has been retained by law firms to assist in matters involving lost profit, lost value, unjust enrichment and other financial and economic analysis. Luigi has also determined pecuniary damages for personal injury and wrongful death and wrongful termination for both plaintiffs and defendants. Luigi has appraised businesses, equity securities and specific assets. Types of securities valued include valuation of common stock of privately held companies on a controlling and non-controlling basis, partnership interests, corporate notes, incentive distribution rights,…

FAILED SOFTWARE IMPLEMENTATION

This matter involves a dispute between a leading television and internet seller of jewelry and a software company. Accumyn was asked to review and opine on the damages suffered by the jewelry seller as a result of the failed software implementation.  Accumyn determined the jewelry seller’s out-of-pocket costs and extra-expenses incurred as a result of failed software implementation. This included payments to the software company, as well to the other third-party vendors. This involved a determination of the value of the…

MARIA TERESA RITCHEY

Ms. Ritchey has served in management and executive positions for public and private corporations in manufacturing, banking, agriculture, and not-for-profit sectors and has consulting and advisory services experience in both the US and South America. Ms. Ritchey’s leadership roles have included serving as financial manager, administrative director, assistant controller and chief financial officer. She has held management responsibilities in the fields of financial accounting and analysis, treasury, and human resources including payroll administration. Her business management experience has involved state…

LOST PROFITS OF A CREDIT CARD COMPANY DUE TO A BREACH OF CONTRACT

This matter involves a dispute between a high-end credit card company that provides co-branded marketing services and a global payment processing company. Accumyn was asked to review and opine on the damages suffered by the credit card company based on claims that the payment processing company breached its contractual and common-law obligations and interfered with the credit card company’s business operations. Accumyn determined the credit card company’s lost profits as a result of the payment processing company’s actions.  This analysis…

GRAHAM BAYLEY

Mr. Bayley is a financial analyst with experience in investment banking and oil & gas corporate finance and operations. He has assisted with a range of advisory related tasks including financial analysis, industry and market research, due diligence and corporate finance modelling as well as preparation of materials providing recommendations to company senior management and board of directors on matters of M&A&D valuation, portfolio strategy and financial structuring. He has served private equity and hedge fund investors as well as…

RONALD GUAJARDO

Mr. Guajardo is a recognized expert in the Midstream Industry, specializing in the commercial business development of gas gathering, processing, NGL fractionation and marketing assets. He has over thirty years of commercial and technical experience spanning strategic planning and business development, acquisition and divestitures, asset optimization, and commercial negotiations in all phases of the Midstream Industry. Recruited into Conoco’s Management Development Program, Mr. Guajardo progressed through plant operations and facilities management, gas and NGL marketing, and commercial business development positions…

ERNIE KILLINGSWORTH

Mr. Killingsworth is an affiliate Director of Accumyn Consulting specialized in the Aviation Industry. Ernie has completed hundreds of aircraft appraisals and prepared many valuation reports on propeller aircraft, jet aircraft, helicopters and aviation related support equipment for several of the world’s largest finance and leasing companies. Ernie has experience in the aerospace industry as a military and commercial airline pilot, an operations engineer, an executive in marketing, sales, and financial services. While at Gulfstream Aerospace, Mr. Killingsworth worked directly…

ALFONSO LÓPEZ DE LA OSA ESCRIBANO

Mr. Lopez de la Osa, an Affiliate Director of Accumyn and the Director of the Center for US and Mexican Law at the University of Houston Law Center has served in public and private business, universities and law firms focusing in comparative and international legal perspectives, as well in European union law studies for over twenty years. He is currently an adjunct professor of law and works in projects involving United States and Mexican legal systems, from national, transnational and…

ALLEN PARKS

Mr. Parks is Managing Director of Oil Field Services at OFSCap. He also serves as an advisor to StormHarbour Securities in all energy related restructuring transactions. Prior to that he was Managing Director at Global Hunter Securities. Previously, Allen founded Parks Paton Hoepfl & Brown (PPHB) in 2003 to provide financial advisory expertise to the oilfield services sector. Before founding PPHB, he led the oil field services investment banking efforts at CIBC World Markets and Dain Rauscher Wessels (now RBC).…

JONATHAN PARRY

Mr. Parry has twenty years’ experience working with IOC’s, NOC’s and Independents. As a Principal Engineer he has participated in major capital projects in North and South America, Europe, Asia, and the Middle East. At ConocoPhillips he provided oversight to Latin America, Africa, Middle East, Caspian and Russian well operations, and contributed to their new ventures and farm-in activities. In Functional Excellence Mr. Parry is familiar with defining appropriate standards and processes to manage corporate risk and enhance value. He…

BENJAMIN SCHRADER, PE

Mr. Schrader provides consulting and expert services to clients and their outside advisors in matters relating to the energy and capital project management sectors.  He has over 35 years of operating and consulting experience in the petroleum and chemical industries. His 14-year tenure at Chevron Corporation provided extensive refining and supply experience, including managing the operations of refinery process units. Mr. Schrader’s broad experience as a management consultant to the industry since 1991 includes extensive advisory assignments on both domestic…

MICHAEL TAUBE

Mr. Taube has over 20 years of experience in refining, petrochemicals and specialty chemicals, including construction, operation and operations support of many different processes. He has worked domestically and internationally for several oil, gas, refining and chemical companies. Mr. Taube has a solid understanding of refining and chemical plant operations. His experience includes proficiency in steady state and dynamic modeling and project leadership and management. He has a track record of leading culturally diverse teams for capital construction projects, consulting…

STEPHEN TRAICOFF

Mr. Traicoff has provided expert witness services in federal and state courts primarily related to energy trading, risk management, and structured finance in the energy industry. He has commercial and trading experience regarding refined products, natural gas, residual fuel, petrochemicals, feedstocks, and electric power. Steve has also originated, structured, and closed large, complex physical and financial transactions in the natural gas and power industry sectors. Steve has participated as a subject matter expert in a variety of engagements involving analysis,…

JERRY TURNER

Mr. Turner is the founder and President of T-4 Investment Solutions LLC (T4IS). His clients include financial institutions, domestic and international governmental entities, law firms, and public and private businesses. Jerry provides a broad array of services, including quantification of damages, transaction assistance, mediation assistance, financial analysis, preparation of expert reports and expert testimony regarding real estate and financial disputes, operations review and analysis, contract examination and valuation analysis. Mr. Turner’s dispute experience includes assisting in matters such as tenant/landlord…

Fair Value of Partnerships’ Interests for Real Estate Developer

Accumyn’s expert provided testimony in connection with the dissolution of a commercial real estate development and management partnership, based on the minority partner’s claims of breach of contract, breach of fiduciary duties, and other causes of action. Accumyn analyzed the company’s internally developed financial models and subsequent project appraisals to determine the fair value of the partnerships’ carried profit interests in nine joint-venture projects related to cargo warehouses and related office space. Additional damages were based on the expected value…

Funds Tracing of Former Leading Energy Company

Accumyn’s expert investigated and analyzed the flow of funds between a series of companies holding the ownership interests in an electrical power plant supplying one of the largest cooperatives in the United States. The Accumyn team assessed the profitability and the economic and financial implications of the ownership structure which included off-balance sheet holdings of one of the world's former leading energy companies.   Accumyn also traced profits and cash flows between entities in light of financing arrangements, option agreements…

Analysis of Lost Profits for Antitrust Dispute in the Tobacco Industry

Retained by the Chilean subsidiary of one of the world’s leading Tobacco companies, Mr. Tormo provided expert analysis and trial testimony regarding damages resulting from alleged long-term anticompetitive conduct of a competitor. Work included econometric analysis of sales and product prices in Latin American markets and determination of damages including lost profits over a 20 year period.